Who Can Bring a Wrongful Death Lawsuit in California?

Posted By Shea & Shea - A Professional Law Corporation || 7-Dec-2016

A
wrongful death claim occurs when someone dies due to the negligence or wrongful act of
another individual or entity, and it is considered a civil lawsuit. Every
state has its own set of statutes that explain who can file such a claim,
how much time they have to do it, and the kind of damages a person can
claim. Not just anyone can file a wrongful death claim, so it is important
to have a keen understanding of your state’s statutes.

In the state of California, certain survivors of the deceased person may
file a wrongful death claim. Those who are allowed to file such a suit
are: the surviving spouse, the surviving domestic partner, and the surviving
children. If none of these apply, the decedent’s parents or siblings
may also file the wrongful death claim. Additionally, any person who can
prove they were financially dependent upon the decedent, such as stepchildren
or a putative spouse, may also file.

However, while any one of these parties may qualify, no more than one suit
may be brought against the responsible party. If more than one individual
would like to file a wrongful death claim, they will have to file jointly,
or they may be barred from filing at all. Anyone who would like to file
a wrongful death claim must follow the statute of limitations, which is
typically two years from the date of death. If it is a medical malpractice
case, claimants must file within three years, starting from the date of
injury or one year after discovering the injury that resulted in the decedent’s death.

At Shea & Shea – A Professional Law Corporation, we focus on
the most severe accident cases and have successfully handled many wrongful
death claims. When we choose to represent a case, we commit ourselves
to fighting for the compensation you deserve. We work on a contingency
fee basis, so if we do not when your case, you owe us nothing. Call us
for a free consultation at
408-883-3863

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.